The Trump Administration made a new appeal to the Supreme Court after a federal judge on Friday issued a preliminary injunction blocking President Trump’s executive order related to the Post Office’s mail-in ballot rules.
On Friday, US District Judge Indira Talwani, an Obama appointee, replaced the Temporary Restraining Order (TRO) that she granted last month.
The Trump DOJ on Thursday already asked the Supreme Court to lift Judge Talwani’s TRO.
DOJ Solicitor John Sauer argued in his previous emergency petition that the Postal Service possesses legal authority to regulate mail-in ballot designs.
John Sauer told the Supreme Court that the Postal Service’s new rule “imposes only modest envelope-design and addressee-information requirements for federal-election ballots sent.”
“The Rule’s regulation of the U.S. Mail—not federal elections — is plainly constitutional,” John Sauer wrote. “While the States have primary authority to regulate the manner of elections, they cannot choose to use the federal mails to carry out their elections but then insist that their election-related mail is somehow exempt from the Postal Service’s rulemaking authority, conferred by Congress, to regulate envelope design and addressee information.”
On Sunday, John Sauer made another appeal to the Supreme Court in a separate case and asked the high court to overturn Judge Talwani’s preliminary injunction.
Judge Talwani has been assigned to two separate lawsuits against President Trump’s mail-in ballot executive order.
States are already preparing to send out ballots for the midterm elections.
North Carolina already sent out mail-in ballots on Friday.
NBC News reported:
The Trump administration is asking the Supreme Court to green-light a new Postal Service rule that would exert control over mail-in ballots ahead of the midterm elections.
U.S. District Judge Indira Talwani last week issued a temporary restraining order blocking parts of the rule from being implemented.
“With respect to the November 2026 election, the order thus partially nullifies the Postal Service’s efforts to address the risk that the federal mails will be used to perpetrate voter fraud, a particularly pernicious species of fraud that dilutes the votes of lawful voters, prevents election results from reflecting the will of the American people, and undermines ‘public confidence in the integrity of the electoral process,’” Solicitor General D. John Sauer wrote in the application.
While Talwani’s order “allows the Postal Service and the States to continue taking steps to ensure that their envelopes satisfy the rule’s requirements, the order risks sowing confusion and chaos because it makes those preparatory steps voluntary, rather than mandatory,” Sauer wrote.
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